No. 22-746

Damion Kentrell White v. United States

Lower Court: Fifth Circuit
Docketed: 2023-02-09
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 28-usc-2255 due-process federal-procedure habeas-corpus plea-agreement sentencing statutory-maximum
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-03-17
Question Presented (AI Summary)

Whether due process requires that a provision in a plea agreement waiving the right to file a motion to vacate sentence under 28 U.S.C. § 2255 be construed as containing an exception that allows a motion challenging a sentence that exceeds the statutory maximum

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether due process requires that a provision in a plea agreement waiving the right to file a motion to vacate sentence under 28 U.S.C. § 2255 be construed as containing an exception that allows a motion challenging a sentence that exceeds the statutory maximum.

Docket Entries

2023-03-20
Petition DENIED.
2023-03-01
DISTRIBUTED for Conference of 3/17/2023.
2023-02-23
Waiver of right of respondent United States to respond filed.
2023-02-07

Attorneys

Damion Kentrell White
Philip J. LynchLaw Offices of Phil Lynch, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent